Court Says Pro Se Prisoner Cannot Maintain Class Action

In Blast v. Fischer, 2009 U.S. Dist. LEXIS 27264 (WD NY, March 30, 2009) , plaintiff, a practitioner of Santeria, brought an action claiming that New York prison policies are being selectively applied to prevent non-mainstream religious practitioners from being able to obtain various religious items. (Plaintiff, housed in an all-male prison, is in the process of gender transition, and is referred to as "she" in the decision in accordance with her request.) In a previous decision, a different federal district judge denied appointment of counsel for plaintiff. In this decision, the New York federal district court refused to certify her suit-- brought under RLUIPA and the 1st Amendment-- as a class action on behalf of all Santeria practitioners currently in state correctional facilities. The court held: "It is well established law that class action suits cannot be maintained by pro se litigants."